Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Court of Appeal sitting in Abuja has delivered a major legal blow to the Senator David Mark-led leadership of the African Democratic Congress (ADC), affirming a Federal High Court judgment that nullified the party's state congresses conducted under the interim leadership and barred the Independent National Electoral Commission (INEC) from recognising their outcome. The split two-to-one judgment, delivered on Monday, 13 July 2026, has thrown fresh uncertainty over the validity of the ADC's national convention and the emergence of candidates through the processes, including the 2027 presidential bid of former Vice President Atiku Abubakar and other aspirants aligned with the Mark-led faction.
In the lead judgment, Justice Okon Abang, whose decision was supported by Justice Donatus Okorowo, held that there was no basis to disturb the April 29 judgment of the Federal High Court delivered by Justice Joyce Abdulmalik. The appellate court upheld the lower court's order restraining INEC from recognising or participating in any state congresses organised by committees constituted by the David Mark-led caretaker leadership of the ADC. It also affirmed the order restraining the interim executives from interfering with the tenure and constitutional responsibilities of the party's duly elected State Working Committees and State Executive Committees. The majority held that under the ADC Constitution, the authority to organise state congresses resides exclusively with elected state executive committees and not with a caretaker or interim national leadership.
Justice Abba Mohammed, who presided over the three-member panel, however, dissented from the majority decision. In his minority judgment, he held that the dispute related to the internal affairs of a political party and was therefore not justiciable. According to him, the Federal High Court lacked jurisdiction to entertain the matter. The appellate court further held that the congresses and national convention organised by the David Mark-led caretaker leadership were conducted in disobedience to a subsisting order of the Federal High Court issued on April 14 and were therefore null and void. Justice Abang held that while courts ordinarily avoid interfering in the domestic affairs of political parties, judicial intervention becomes necessary where constitutional or statutory breaches are established. "Once a complaint before the court is anchored on a constitutional infraction, the shield of internal affairs drops and the veil is lifted for judicial intervention," the appellate court held. The court added that intervention in the matter was necessary to "prevent anarchy and ensure the survival of democracy in Nigeria." In arriving at its decision, the appellate court relied on a recent Supreme Court judgment arising from the leadership crisis in the Peoples Democratic Party (PDP), holding that the ADC dispute could not be treated as a mere internal party affair because it involved alleged constitutional violations. Consequently, the appellate panel dismissed the appeal marked CA/ABJ/CV/608/2026, filed by the ADC, and awarded N10 million costs against the party.
The dispute originated from Suit No. FHC/ABJ/CS/581/2026, instituted before the Federal High Court by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick. The plaintiffs sued for themselves and on behalf of all ADC State Chairmen and State Executive Committees. Named as defendants were the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor—who were sued on behalf of the Caretaker/Interim National Working Committee—and INEC. The plaintiffs challenged the decision of the Senator Mark-led leadership to constitute committees for the purpose of conducting state congresses and argued that planned state congresses slated for April 2026, if conducted under the supervision of the said caretaker committee, would constitute a gross violation of the party's constitution. It was further the position of the plaintiffs that only duly elected party organs recognised under the party's constitution possess the power to conduct congresses.
The Court of Appeal judgment may jeopardise the presidential candidacy of former Vice President Atiku Abubakar and other candidates who emerged through the national congress organised by the Mark-led faction of the ADC, ahead of the 2027 general elections. However, the ADC, in a swift reaction, said it had commenced the process of appealing the judgment, "which we respectfully disagree with and consider to be legally unsustainable." In a statement by its National Publicity Secretary, Malam Bolaji Abdullahi, the party said the dissenting judgment of the presiding justice "more accurately reflects the settled position of the law and the party's position." Atiku, in a statement by his media adviser, Phrank Shuaibu, said he had instructed his legal team to approach the Supreme Court for a definitive determination of the issues arising from the judgment. He said that is the proper constitutional path while affirming absolute confidence in the judicial process. "Let no supporter of the ADC lose sleep. Let no Nigerian who believes in the restoration of our country be discouraged. The struggle to rescue Nigeria has never been about one courtroom or one judgement. It is a movement born out of the collective desire of millions of Nigerians for competent leadership, economic recovery, national unity and the restoration of hope," Atiku stated.
The ADC has also insisted that the ruling does not affect the party's already concluded direct primaries or the emergence of its candidates for the 2027 general elections. "We wish to assure members of the party and the general public that this judgment has no effect whatsoever on the direct primaries through which the party's candidates have emerged at all levels," the party said. The party urged its members and supporters to remain calm and focused, reaffirming its commitment to its political objectives. "The African Democratic Congress remains committed to the task of providing Nigerians with a credible alternative and will continue to pursue that mission in accordance with the Constitution and the rule of law," the statement added.
The development comes amid ongoing legal disputes over the party's internal leadership and congresses ahead of preparations for the 2027 general elections. Despite the litigation and rival claims within the party, the ADC leadership maintains that its recognised national structure remains intact and that its candidates emerged in line with the party's constitution and the Electoral Act. The party's position follows recent controversies over claims by a rival faction regarding the submission of candidates' names to INEC. Both the ADC leadership and INEC have dismissed the claims, with the electoral body stating that it recognises only the Senator David Mark-led National Executive Committee and has not granted portal access to any rival group. As the legal battle moves to the Supreme Court, the future of the ADC's leadership and its candidates for the 2027 elections hangs in the balance, with the apex court's decision expected to finally resolve the protracted leadership crisis that has plagued the party for months.
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